Page:United States Statutes at Large Volume 36 Part 1.djvu/874

 850 SIXTY-FIRST CONGRESS. Sess. II. Ch. 422. 1910. P*°°°°°’°- Sec. 7. That the claimant may file the original or a certified copy of thenotice of lien in the district or justice’s court as the statement of his case, and thereu on the court or Justice shall 1ssue the usual summons directed to the defendant or efendants, which summons, S°“'*°° °*P’°°°'—'*· together with a copy of the lien notice, shall, by any officer authorized to serve process, be served upon the defendant or defendants, as Vol.81,pp.481,482. rovided in sections nine hundred and fifty and nine hundred and Efty-·one of chapter ninety-two of the Code of Civil Procedure now m Aipeanuee, ew. force in Alaska. The summons shall require the defendant or defendants to appear before such court or justice at a time and a place to be named therein, not less than six nor more than twenty days from the date thereof, to answer the demand of the claimant in the said lien notice, or judgment for want of an answer will be taken against them. vo1.s1,pp.ma,m0. Service by publication may be had pursuant to sections forty-seven Posting mass on and forty-eight of chapter our of said Code of Civil Procedure. The °'“"*" officer serving the summons shall also immediately post a copy of said lien notice in a cons icuous place on the dumlp or mass 0 mineralbearing sands, avelis, earth, or rock, and go d and old dust, and other minerals giierein upon which the lien is filed, am? from the moment of posting the lien notice the dump or mass of mineral-bearing sands, gravels, earth, and rock, and o d and old dust, and other minera therein shall be in the custocgr and under the control of the · mud •¤*¢¤¤ omcer. All_ persons who claim any interest therein in opposition to the lien claimant may come m and answer and set up and defend · ¤¢¤ Mt •¤¤¤*¤¤· their said claims, but no claim or claims of any owner, lessee, or other adverse defendant shall bar the lien claimant from recovering the sun: due him for actual labor in producing the said dump or mass of min¢3·]al—bearmglsands, gravels, earth, or rock, or gold and gold dust, or o er minera s. étgoinivs Of i¤¤·¤¢¤» Sec.  That any number of persons claiming liens under this Act ' may goin in the same action, and when se arate actions are com- ¤<>¤¤•11¤w¤¤¤¤¤- menced the court may consolidate them. The court shall also allow, 4 as a plart of the costs, the moneys {paid for filing, recording, and indexing the notice of hen, the sum o five dollars for drawing the same, and a reasonable attorney’s fee for each person claiming a lien, not g _ 'to exceed ten per centum of the amount of the lien established on nggnxgr of rum w judgment: Any contract or agreement or any waiver of any kind ' ma e or signed y any minor or laborer whereby it is sought to waive or abandon his right to file a hen under this Act, or anyagreement for an extended time of lpayment whereby the same end is sought, shall to that extent  nul and void as against public polic. m§r{5¤¤¤<>¤ ¤f i¤<*8· Sno, 9. That in such action judgment must be rendered in favor of ssa., each person having a laborer’s lien for the amount due him, and the court shall order the dump or mass of mineral—bearing sands, gravels, earth, or rock, and the go d and gold dust, and other mineralstherein - subject to the l1en_to be sold by the marshal in the same manner that chlgitraotiug mm- personal property is sold on execution; or the court may, upon a show- 3,;,,,,,,,,,,L mg that it is necessary to do so to preserve the property from loss or waste by order require the marshal to wash up or extract the gold and gold, dust or other mineral from the said mineral-bearing sands - By aesendmt, ew. gi-avels, earth, or rock; or the court may, by order, allow the defend; ant or defendants or any party interested to wash up and extract the said mineral, in the lpresence of the marshal or deputy marshal or specéal officeg, (pho shall take the (golddor gold dust or other minerals · as 1 -1S was e np an_ extraete an return the same i ¤i¤v¤¤¤-¤¤fP*¤·¤>¤¤· and it shall be immediately paid out as follows: First, thlgoeggiudf cleaning up or extracting the gold or gold dust or other minerals shall be paid ;_ second, the court costs shall be paid; and, third the gudgment or judgments so rendered in favor of the lien clainiants sha be paid ; and 1f there is not sufficient gold or gold dust, or other